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Este formulario debe ser completado por el departamento y revisado y aprobado por los Servicios de Materiales y Distribuciones antes de comprometerse a pagar a un individuo como contratista independiente.
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How to fill out employeeindependent contractor determination checklist

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How to fill out Employee/Independent Contractor Determination Checklist

01
Start by gathering relevant information about the worker, including their role, responsibilities, and working arrangements.
02
Review the worker's level of control over their work. Determine if they set their own hours and how they perform their tasks.
03
Assess the financial relationship. Look at how the worker is paid and whether they incur any business expenses.
04
Consider the relationship of the parties. Determine if there is a written contract and the permanence of the working relationship.
05
Evaluate the nature of the work. Determine if the tasks performed are integral to the business or a separate service.
06
Complete the checklist by answering all relevant questions based on the gathered information.
07
Review the checklist outcomes to determine the classification of the worker as either an employee or independent contractor.

Who needs Employee/Independent Contractor Determination Checklist?

01
Businesses that hire workers to determine the correct classification of their workforce.
02
HR professionals responsible for compliance issues related to employee classification.
03
Independent contractors who want to understand their classification status.
04
Accountants and legal advisors providing guidance on employment matters.
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Do you reimburse the individual for business/travel expenses? Do you supply the individual with needed tools or materials? Have you made a significant investment in facilities used by the individual to perform services? Is the individual free from suffering a loss or realizing a profit based on his work?
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place
An Employee receives instructions about when, where and how the work is to be performed. An Independent Contractor does the job his or her own way with few, if any, instructions as to the details or methods of the work.
California Common Law Test and the ABC Test To determine whether someone is an independent contractor or an employee, California uses a strict three-part “ABC test” that was first articulated in the 2018 California Supreme Court decision Dynamex Operations West, Inc v.
The general rule is that an individual is an independent contractor if the person for whom the services are performed has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place
What Documents Are Needed to Legally Establish Independent Contractor Status? Get a Form W-9. The first step to working with an independent contractor is getting a W-9 form. Agree on the agreement. Request an invoice. Finally, the 1099-NEC.

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The Employee/Independent Contractor Determination Checklist is a tool used to evaluate whether a worker should be classified as an employee or an independent contractor based on various criteria and factors surrounding their work relationship.
Businesses and organizations that engage workers must file the Employee/Independent Contractor Determination Checklist to ensure proper classification of their workforce for tax and legal compliance.
To fill out the checklist, employers should gather information about the worker's relationship with the organization, including the nature of work, control over work methods, and contractual agreements, and then complete the checklist according to these parameters.
The purpose of the checklist is to provide clear guidelines for determining the appropriate classification of workers, which impacts tax obligations, benefits, and legal rights.
The checklist typically requires information about the worker's role, the degree of control exerted by the employer, the financial arrangements, and any relevant contract terms.
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